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From "J.Pietschmann" <j3322...@yahoo.de>
Subject Re: hyphenation patterns
Date Thu, 06 Mar 2003 21:22:25 GMT
Jeremias Maerki wrote:
> Unfortunately, that's not so easy. You've created a derived work, which
> can't simply claim full copyright for.

In the realm of legal battles, wording matters.
Claiming copyright is ok as long as there was "substantial work" put
into creating the Derived Work.
Claiming the right to choose a lincense is quite another matter and
depends on the license of the Original Work.

> It turns out that the file mentions multiple authors. Now the question
> is: Who is the copyright owner

Each one is a copyright owner, and perhaps *all* would have to agree
on a license change, depending on the license(s) the file had through
its history. It's also a matter of courtesy.

> that can give us the right to use, modify
> and redistribute that file? Pierre A. MacKay seems to be the original
> author. H. Turgut Uyar has modified it. Now, who owns the copyright?

It depends. For a start, Mr. MacKay apparently didn't create his stuff
for the sole purpose of creating hyphenation files. This means the
creator of the TeX file can not only claim copyright but also created
an Original Work rather than a Derived Work, so he can also choose a
license, as long as the original doesn't have a very restrictive
license (which would probably also make creating and using the TeX
hyphenation file illegal, so I suppose this isn't the case).
There is still the problem that the TeX file is explicitely labeled
as "Mechanically generated", which can be interpreted in a way that
there wasn't "substantial work" put into creating the TeX file, which
means it isn't even a Derived work but basically another representation
of the original material and Mr. Uyar can't even claim copyright. The
"slight modifications" however should be enough to fix this.
Therefore, depending on the interpretation we've either have to ask Mr.
Uyar only (interpretation 1) or both (interpretation 2).

> http://www.ctan.org/tex-archive/language/turkish/hyphen/turk_hyf.c
> from Pierre A. MacKay which states that in case of commercial
> distribution the author must be contacted.

This is not a real problem as long as the license doens't require
that Derived Works must be distributed under a similar condition.

> that there could be problems with licensing. The whole TeX thing is a
> legal nightmare if you ask me.

Well, the whole Intellectual Property stuff is a nightmare. This
is a direct result of assigning substantial value to intangibles...

J.Pietschmann


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